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Monday, February 11, 2008

The federal district judge assigned to the WVU vs. Rodriguez case has ruled the federal court does not have diversity jurisdiction over the case. This was based upon a four factor test. The most meaningful factors being that the prospect of money is a benefit to the state, not just WVU, and that WVU is not autonomous from the state of West Virginia (more fodder for the continuation of Governor jokes) .

This is a blow to Rodriguez because, in the unlikely event of a trial by jury, the jury will be comprised of Morgantown yocals absent a change in the venue county arising from the potential inability to pick an impartial jury. More importantly for R2, this result will most certainly play a role in whatever offer to settle the case comes nex, and the subsequent negotiation. There should be no mistake that this procedural issue will have a significant impact on the result of the case.

Perhaps Rod should break out his Tiller Snake Oil and magic hat and lace the yocals with the same spell he cast upon Roundtree.